S.B. No. 542 AN ACT 1-1 relating to allowing certain counties to cancel certain platted 1-2 subdivisions if the land has not been developed and is likely to be 1-3 developed as a colonia. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. (a) The legislature finds that: 1-6 (1) Certain conditions along the border of the United 1-7 States and Mexico have resulted in a proliferation of substandard 1-8 housing developments in which the lack of basic infrastructure has 1-9 caused a serious and unacceptable health and safety risk. 1-10 Prevention and remediation of these conditions and their results 1-11 are of vital importance to the health, safety, and welfare of the 1-12 residents of these areas. 1-13 (2) The state has a vital role and an essential public 1-14 interest in establishing procedures for effective county prevention 1-15 of substandard housing developments while protecting the legitimate 1-16 rights of private property ownership. 1-17 (b) The purposes of this Act are to: 1-18 (1) provide counties with a mechanism to cancel 1-19 certain subdivisions that are likely to be developed without 1-20 provision of basic infrastructure; 1-21 (2) provide adequate notice to interested parties of 1-22 public hearings on this issue; and 1-23 (3) apply model rules developed under Section 16.343, 1-24 Water Code, to the affected subdivision when replatted. 2-1 SECTION 2. Chapter 232, Local Government Code, is amended by 2-2 adding Section 232.0085 to read as follows: 2-3 Sec. 232.0085. CANCELLATION OF CERTAIN SUBDIVISIONS IF LAND 2-4 REMAINS UNDEVELOPED. (a) This section applies only to real 2-5 property located: 2-6 (1) outside municipalities and the extraterritorial 2-7 jurisdiction of municipalities, as determined under Chapter 42; and 2-8 (2) in an affected county, as defined by Section 2-9 16.341, Water Code, that has adopted the model rules developed 2-10 under Section 16.343, Water Code, and is located along an 2-11 international border. 2-12 (b) The commissioners court of a county may cancel, after 2-13 notice and a hearing as required by this section, a subdivision for 2-14 which the plat was filed and approved before September 1, 1989, if: 2-15 (1) the development of or the making of improvements 2-16 in the subdivision was not begun before the effective date of this 2-17 section; and 2-18 (2) the commissioners court by resolution has made a 2-19 finding that the land in question is likely to be developed as a 2-20 colonia. 2-21 (c) The commissioners court must publish notice of a 2-22 proposal to cancel a subdivision under this section and the time 2-23 and place of the required hearing in a newspaper of general 2-24 circulation in the county for at least 21 days immediately before 2-25 the date a cancellation order is adopted under this section. The 2-26 county tax assessor-collector shall, not later than the 14th day 2-27 before the date of the hearing, deposit with the United States 3-1 Postal Service a similar notice addressed to each owner of land in 3-2 the subdivision, as determined by the most recent county tax roll. 3-3 (d) At the hearing, the commissioners court shall permit any 3-4 interested person to be heard. At the conclusion of the hearing, 3-5 the court shall adopt an order on whether to cancel the 3-6 subdivision. The commissioners court may adopt an order canceling 3-7 a subdivision if the court determines the cancellation is in the 3-8 best interest of the public. The court may not adopt an order 3-9 canceling a subdivision if: 3-10 (1) the cancellation interferes with the established 3-11 rights of a person who is a nondeveloper owner and owns any part of 3-12 the subdivision, unless the person agrees to the cancellation; or 3-13 (2) the owner of the entire subdivision is able to 3-14 show that: 3-15 (A) the owner of the subdivision is able to 3-16 comply with the minimum state standards and model political 3-17 subdivision rules developed under Section 16.343, Water Code, 3-18 including any bonding requirements; or 3-19 (B) the land was developed or improved within 3-20 the period described by Subsection (b). 3-21 (e) The commissioners court shall file the cancellation 3-22 order for recording in the deed records of the county. After the 3-23 cancellation order is filed and recorded, the property shall be 3-24 treated as if it had never been subdivided, and the county chief 3-25 appraiser shall assess the property accordingly. Any liens against 3-26 the property shall remain against the property as it was previously 3-27 subdivided. 4-1 (f) In this section: 4-2 (1) "Development" means the making, installing, or 4-3 constructing of buildings and improvements. 4-4 (2) "Improvements" means water supply, treatment, and 4-5 distribution facilities; wastewater collection and treatment 4-6 facilities; and other utility facilities. The term does not 4-7 include roadway facilities. 4-8 SECTION 3. The importance of this legislation and the 4-9 crowded condition of the calendars in both houses create an 4-10 emergency and an imperative public necessity that the 4-11 constitutional rule requiring bills to be read on three several 4-12 days in each house be suspended, and this rule is hereby suspended, 4-13 and that this Act take effect and be in force from and after its 4-14 passage, and it is so enacted.